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new trademark processing system is stupid

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# 1
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In recent times I've been inundated with utterly stupid trademark issues. Two of the most idiotic trademark requests files which stopped my ads from showing.

 

Instant Access - this is a widely used and effective ad superlative used by online membership sites, databases and other web based "instant access" systems. Someone ones the work instant access - which almost certainly would be only within their sector as it's such a common phrase. In fact when I checked - 5+ companies had Tms to Instant Access insignias, one (HSBC) had it for the word. But HSBC (banking) was entirely different to our sector.

 

Buy & Sell - Yes someone ones the TM to that -  I have trouble grasping how someone could own TM to thast, I did a tm search and only found one that has buy & sell inside their word mark here

 

uspto.gov search reveales that the closest TM owner is buy & sell for free and is limited to automotbile sales - my client is a property broker - so I don't know how the TM rights could make that leap across to an entirely different sector. I'm not sure if Google staff even verify trademark claims before granting them.

 

There is no way that TM warrants having exclusive use of the words "buy & sell" in ad copy.

 

I don't know for sure if the TM system has changed - it seems it has because I'm getting stupid TM requests all the time and I'm spending the better part of a whole day trying to fix this.

 

There is no quick and easy way to fix it either - you need the help of a Adwords rep to fix this and they are utterly useless and slow to respond most of the time - my recent frustrations here

 

Recently I had one client who had a TM violation reported against his own trademark. All his ads were disapproved.

 

E.g. say client is called Christopher Watches

 

Christopher is a common name and may be owned by Christopher handbags, Christopher Jewellry etc. Well Someone else who uses Christopher in their brand name filed a TM for exclusive use for Christopher. Now my Client who has the TM for Christopher Watches got all ads disapproved that contained Christopher.

 

It's utter bullcrap - Google needs to spend more resources on hiring support staff who can vet these TM requests and approve/reject accordingly. But instead I get the feeling that they're leaving all this administrative stuff at the hands of advertisers whop have to deal with stupid TM violations that are invalid.

 

Often they will grant TMs to advertisers that are beyond the remit of the TM granted. E.g. they may have a TM granted for a certain sector only, or the TM may only be used as a phrase or the TM may only be for the company insignia. But these Advertisers with limited rights over the TM and getting far reaching TM use.

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Re: new trademark processing system is stupid

Top Contributor
# 2
Top Contributor

Hello morecaffeine;

 

You are raising a legal / legislative / copyright issues, that are beyond the scope of this forum, and even beyond the Google's reach.

This is in the hands of lawmakers. Google just follows the law. I disagree with you on granting trade names by sector. To my knowledge , once a trademark is granted by the "US trade and patent office", - it is the sole property of the trade name owner, irrelevant to the sector it does business.

 

-Moshe

Moshe, AdWords Top Contributor , Twitter | Linkedin | Community Profile | Ad-Globe
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Re: new trademark processing system is stupid

Explorer ✭ ✭ ☆
# 3
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Amazon and Ebay have no problems with Trademarks... they are using our trademarks even after we've filed our trademark with Google. Support does nothing about the issue but if it were a small business that was caught doing this, they would get suspended. It's rubbish.

Re: new trademark processing system is stupid

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# 4
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moshe, not true, do a trademark search for instant access, there are 5+ different companies with that trademark?

 

Surely if one company has exclusive access to the trademark there should not be 5+ different companies with it.

 

The phrase "instant access" is not a unique, made up name, it's a name derived from two dictionary words so the extent in which it can be trademarked is limited. Ususally when brand names use a dictionary definition, it's granted for use within a sector. Do a search for instant access on uspto and you will find many companies who have trademarks granted for it. Most of which are for the logo design not exclusive use of the name.

 

Adwords is not looking at the trademark granted thoroughly enough and allowing advertisers to apply the trademark rights beyond what it was granted for.

 

Why is someone filing a trademark for "buy & sell" - searching for this trademark on uspto reveals nothing tangiable. Yet it is granted to someone and I have not been able to speak to anyone in Google about it.

 

What's more Adwords does not state in the disapproved cloud who has filed the tradmark claim. 

Re: new trademark processing system is stupid

Explorer ✭ ✭ ☆
# 5
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Both "Instant Access" and "Buy & Sell" are descriptive words and as long as text is appended to those words you are not within violation of trademark.

Re: new trademark processing system is stupid

Top Contributor
# 6
Top Contributor

Hello again;

I searched the "United States Patent and Trademark Office" and found this for "buy & sell". (Including in automobile sector);

 

 

Moshe, AdWords Top Contributor , Twitter | Linkedin | Community Profile | Ad-Globe
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Re: new trademark processing system is stupid

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# 7
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they are mostly taglines for companies. You can use the words "Buy & Sell" as long as it isn't something along the lines of "Buy. Manage. Sell." - just like the tag line "the better way to buy" is a trademark but anyone can take the trademark and make it say "the better way to buy a couch" and you will not be in trademark violation of the phrase "the better way to buy". Hope this helps.